Queensland University of Technology Act 1988

Queensland QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 Reprinted as in force on 25 November 1997 (includes amendments up to Act No. 65 of 1996) Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 25 November 1997. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—CONSTITUTION AND GOVERNMENT OF THE UNIVERSITY Division 1—The university 5 Establishment and incorporation of university . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Functions and powers of the university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2—The council 7 The council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Constitution of the council other than first council . . . . . . . . . . . . . . . . . . . . 9 9 Assumption of office by members of the council . . . . . . . . . . . . . . . . . . . . . 10 Division 3—Convocation 10 Constitution of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Functions of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4—The Queensland University of Technology Student Guild 12 Queensland University of Technology Student Guild . . . . . . . . . . . . . . . . . . 11 13 Composition, role and recognition of the guild . . . . . . . . . . . . . . . . . . . . . . . 12 14 Constitution of the guild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Statutes affecting the guild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 3—ADMINISTRATIVE PROVISIONS Division 1—Administrative provisions relating to the council 16 Council deemed to be duly constituted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Queensland University of Technology Act 1988 17 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Failure to elect or appoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Eligibility for reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Disqualification from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Vacancy on the council from expiry of term of appointment . . . . . . . . . . . . 15 23 Casual vacancies on the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Temporary replacement of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Election of chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 26 Election of deputy chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Chair of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Appointment of vice-chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 Quorum of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30 Re-election or reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 32 Powers of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Delegation by the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2—Administrative provisions relating to convocation 34 Powers, authorities and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 35 Meetings of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Warden of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 37 Chair of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 38 Officers of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Standing committees and other committees . . . . . . . . . . . . . . . . . . . . . . . . . 22 40 Quorum of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Re-election or reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 Validity of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 3—Regulations, statutes and rules 43 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 44 Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45 Statutes to be approved by Governor in Council . . . . . . . . . . . . . . . . . . . . . . 28

3 Queensland University of Technology Act 1988 Division 4—Provisions relating to companies, joint ventures etc., agreements for use of facilities and staff 46 Formation of and participation in companies etc. . . . . . . . . . . . . . . . . . . . . . 28 47 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 48 Companies to furnish returns etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 49 Audit requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 5—General administrative provisions 50 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 51 Tabling of certain subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 52 No test of religion, politics, race or sex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 4—ESTABLISHMENT OF COLLEGES 53 Establishment of university colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 A college to be part of the university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 55 Powers and functions of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 56 Gifts, devises etc. of property to or for a college . . . . . . . . . . . . . . . . . . . . . 32 PART 5—PROPERTY AND FINANCE 57 Endowment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 58 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 59 Application of revenue by university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 60 University is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 61 University may accept gifts etc. subject to conditions, and establish trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 62 Powers of investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 63 Variation of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 64 Amendment of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 65 Provisions relating to approved schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 66 Accounts and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 67 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 6—TRANSITIONAL AND SPECIAL ARRANGEMENTS Division 2—Provisions relating to the council of the institute 70 Council of the institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 71 Employment of staff of the council of the institute . . . . . . . . . . . . . . . . . . . . 40 72 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

4 Queensland University of Technology Act 1988 Division 3—Provisions relating to the union and the guild 74 Provisions relating to the union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 75 Officers of the union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 5—Provisions relating to students and awards 81 Enrolment of students in courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 82 Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 6—General provisions 85 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 86 By-laws to be statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 87 Construction of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 87A Brisbane College of Advanced Education references . . . . . . . . . . . . . . . . . . 45 88 Governor in Council may prescribe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 46 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

s1 5 s4 Queensland University of Technology Act 1988 QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 [as amended by all amendments that commenced on or before 25 November 1997] An Act to provide for the establishment and incorporation of the Queensland University of Technology at Brisbane and for related purposes † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Queensland University of Technology Act 1988. ˙ Interpretation 4. In this Act— “academic staff” means such staff of the university as are determined to be academic staff in the statutes. “advanced education course” means a course of study accredited by the board of advanced education and offered by the institute. “appointed member” means a member of the council other than an ex-officio member. “company” includes, for the purposes of sections 5(2)(f), 46, 48 and 49, a corporation within the meaning of the Companies (Queensland) Code, an association or a partnership. “convocation” means the convocation of the university constituted under this Act.

s5 6 s5 Queensland University of Technology Act 1988 “council” means the council of the university constituted under this Act. “council of the institute” means the council of the Queensland Institute of Technology constituted under the Education Act 1964 . “enrolled student” means a student enrolled in the university. “first council” means the first council of the university constituted under part 6, division 4. “graduate” means any person to whom is granted a degree or diploma of the university. “guild” means the Queensland University of Technology Student Guild established and incorporated under this Act. “institute” means the Queensland Institute of Technology, a college of advanced education, established under the Education Act 1964 . “rules” means the rules made by the council under section 44. “statutes” means the statutes of the university made under this Act. “union” means the Queensland Institute of Technology Union established and incorporated under the Education Act 1964 . “university” means the Queensland University of Technology established and incorporated under this Act. “vehicle” means a vehicle within the meaning of the Traffic Act 1949 . † PART 2—CONSTITUTION AND GOVERNMENT OF THE UNIVERSITY † Division 1—The university ˙ Establishment and incorporation of university 5.(1) A university to be known as the Queensland University of Technology consisting of— (a) the council;

s6 7 s6 Queensland University of Technology Act 1988 (b) the enrolled students; (c) the graduates of the university; (d) the members of the academic staff and other staff; is hereby established at Brisbane in the State. (2) The university shall be a body corporate under the name of the Queensland University of Technology and by that name shall have perpetual succession, a common seal and be capable of— (a) suing and being sued; (b) compounding or proving in any court of competent jurisdiction, all debts or sums of money due to it; (c) taking, acquiring by grant, purchasing, taking on lease, property (whether situated in Queensland or elsewhere); (d) granting, selling, alienating, leasing, assigning, transferring and surrendering to the Crown, property (whether situated in Queensland or elsewhere); (e) accepting gifts, grants, bequests or devises and creating and administering trust funds; (f) causing the formation of companies, and becoming a member of or managing any company or companies for any purpose which may seem directly or indirectly calculated to further the objects, functions or powers of the university or to benefit the university in any way whatsoever; (g) doing and suffering all other acts and things that bodies corporate may by law do and suffer. ˙ Functions and powers of the university 6.(1) The functions of the university shall be— (a) to provide courses of study appropriate to a university and to provide courses of study or instruction at such levels of attainment as the council deems proper to meet the needs of the community; (b) to disseminate knowledge and to promote scholarship appropriate

s6 8 s6 Queensland University of Technology Act 1988 to a university; (c) to encourage by study, research and other means the advancement and development of knowledge; (d) to encourage by study, research and other means the advancement and development of technology and the practical application of such technology to government, industry, commerce and the community; (e) subject to the statutes, to award and confer degrees, diplomas and other awards; (f) to encourage and provide facilities for study and research generally; (g) to provide educational facilities at university standard for persons seeking the benefits of such facilities who, being eligible, are permitted by the university to use such facilities; (h) to provide facilities and resources for the welfare of staff and students; (i) to establish such facilities as the university deems desirable for providing courses of study or instruction at such levels of attainment as the council deems proper to meet the special needs of the community; (j) to exploit commercially, for the benefit of the university, any facility or resource of the university including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the university. (2) For the purpose of discharging the functions of the university, the council shall have and may exercise such powers and authorities as are incidental to the proper discharge by the university of any of its functions under this Act, including but not limited to the powers and authorities to— (a) acquire by purchase, lease or otherwise, land, whether improved or not, for staff and student residential purposes; (b) erect on lands of the university, whether acquired for that purpose or not, buildings suitable for staff and student residential purposes;

s7 9 s8 Queensland University of Technology Act 1988 (c) enter into arrangements with any other person or body for the provision of student and staff residential accommodation; (d) establish such organisational sections or units as it sees fit; (e) assist students enrolled at the university by means of loan, grant or benefit in kind to such students. † Division 2—The council ˙ The council 7.(1) There shall be a council of the university which shall have and may exercise and discharge the functions, powers, authorities and duties conferred or imposed upon it by or under this Act. (2) The council shall be the governing body of the university. ˙ Constitution of the council other than first council 8.(1) Subject to subsection (2), the council, other than the first council, shall consist of— (a) the chancellor of the university, who shall be an ex-officio member; (b) the vice-chancellor of the university, who shall be an ex-officio member; (c) the Director-General of Education, or the director-general’s nominee, who shall be an ex-officio member; (d) 3 members who are members of the full-time academic staff of the university, elected by members of that staff in the manner prescribed by the statutes; (e) 2 members who are members of the full-time staff of the university, other than the academic staff, elected by members of that staff in the manner prescribed by the statutes; (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;

s 9 10 s 10 Queensland University of Technology Act 1988 (g) 2 members who are members of convocation, neither of whom shall be a full-time staff member or enrolled student of the university, appointed by and from convocation in the manner prescribed by the statutes; (h) 8 members appointed by the Governor in Council. (2) The council as constituted for the time being may from time to time appoint members, but so that— (a) the number of persons so appointed shall not, at any one time, exceed 2; (b) a person whose sole or principal employment is in connection with the person’s duties as a member of the full-time staff of the university shall not be appointed a member of the council under this subsection; (c) a person who is an enrolled student shall not be appointed a member of the council under this subsection. ˙ Assumption of office by members of the council 9. The members of the council constituted in accordance with section 8 shall assume office on a day appointed for that purpose by the Governor by proclamation. † Division 3—Convocation ˙ Constitution of convocation 10. There shall be a convocation of the university which shall consist of— (a) all members and past members of the council and of the council of the institute; (b) all graduates of the university enrolled as members of convocation in the register of graduates in accordance with the provisions of the statute relating to such register and all graduates of the institute;

s 11 11 s 12 Queensland University of Technology Act 1988 (c) all members of the full-time academic staff of the university and such other members or classes of members of the staff of the university as the statutes may prescribe; (d) such graduates of other universities, or other persons or classes of persons, as are in accordance with the statutes, admitted as members of convocation. ˙ Functions of convocation 11.(1) The members of convocation shall be entitled to elect or appoint, in the manner prescribed by the statutes, such members of the council as are prescribed by this Act. (2) The members of convocation may, at meetings held by them in accordance with the statutes, consider any matters relating to the university and its affairs and administration and may make recommendations to the council in respect of any such considerations. (3) Convocation shall have any additional functions as may be prescribed by the statutes. † Division 4—The Queensland University of Technology Student Guild ˙ Queensland University of Technology Student Guild 12.(1) There shall be a Queensland University of Technology Student Guild. (2) The guild shall be a body corporate under the name of the Queensland University of Technology Student Guild and by that name shall have perpetual succession, a common seal and be capable of— (a) suing and being sued; and (b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; and (c) taking, acquiring by grant, purchasing, taking on lease, property (whether situated in Queensland or elsewhere); and (d) accepting gifts, grants, bequests or devises and creating and

s 13 12 s 15 Queensland University of Technology Act 1988 administering trust funds; and (e) doing and suffering all such other acts and things as bodies corporate may by law do and suffer. ˙ Composition, role and recognition of the guild 13.(1) All persons as shall be defined by its constitution shall be eligible for membership of the guild. (2) The guild shall be an organised association of such students and other members for the furthering of the objects of the guild as defined by its constitution. (3) The guild shall have such role and other powers and authorities and be subject to such obligations as shall, from time to time, be prescribed by or under the statutes. (4) The guild shall be the recognised means of communication between the council and the enrolled students. (5) It is not the intention of this division that the guild shall be, or shall be regarded as, for any purpose, the servant or agent of the council or the university. ˙ Constitution of the guild 14. The constitution of the guild and all amendments thereto or alterations or modifications thereof shall be submitted to the council and shall have no force or effect unless and until approved by the council. ˙ Statutes affecting the guild 15. Except in the case of emergency (of which the council shall be sole judge), the council shall submit to the guild a draft of any proposed statute affecting the powers, authorities or obligations of the guild and shall consider any representations the guild may make thereon.

s 16 13 s 18 Queensland University of Technology Act 1988 † PART 3—ADMINISTRATIVE PROVISIONS † Division 1—Administrative provisions relating to the council ˙ Council deemed to be duly constituted 16. The council shall be deemed to be duly constituted and shall discharge its duties and functions and may exercise its powers and authorities notwithstanding that a member or members have not been appointed or elected as contemplated by section 8(1)(d), (e), (f), (g) or (h) and notwithstanding any vacancy on the council provided the number of members of the council for the time being is not less than 10. ˙ Term of appointment 17.(1) The appointed members of the council appointed or elected as contemplated by section 8(1)(d), (e), (f), (g) and (h) shall, subject to this Act, hold office for a period of 3 years. (2) The term of appointment of a member of the council appointed pursuant to section 8(2) shall, subject to this Act, expire on a date determined by the council at the time of the member’s appointment but shall not, in any case, exceed 3 years from the date of the appointment. (3) Notwithstanding subsections (1) and (2), the Governor in Council, acting on the advice of the Minister and in the interests of uniformity of expiry dates, may reduce the term of appointment of any appointed member of council. (4) A term of appointment so reduced pursuant to subsection (3) shall expire on the date specified by the Governor in Council, and a vacancy on the council within the meaning of section 22 shall result. ˙ Failure to elect or appoint 18. If a body or persons permitted or required by section 8(1) to appoint or elect a person or number of persons to be a member or members of the council fails or refuses to appoint or elect a sufficient number of such persons by a date determined by the council, the Minister may appoint a

s 19 14 s 21 Queensland University of Technology Act 1988 sufficient number of persons who shall be deemed to have been appointed or elected by the body or persons who could or should have appointed or elected him, her or them. ˙ Eligibility for reappointment 19.(1) The appointed members of the council shall, if otherwise qualified, be eligible for reappointment. (2) However, a person shall not be eligible to be a member of the council, in the same capacity, for more than 2 consecutive terms of appointment, without the approval of the Minister first had and obtained. ˙ Disqualification from office 20.(1) It is not competent to a person who— (a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by the person in Queensland would have constituted an indictable offence, unless the council is of the opinion that the circumstances of the offence do not warrant disqualification from office; to become or continue to be a member of the council. (2) It is not competent to a person who ceases to hold the office or qualification essential to his or her appointment or election as a member of the council in terms of section 8(1)(d), (e), (f) or (g) or of section 8(2) to continue to be a member of the council in terms of the relevant provision of that section. ˙ Vacation of office 21. An appointed member shall be deemed to have vacated office as an appointed member if— (a) the member dies; or

s 22 15 s 24 Queensland University of Technology Act 1988 (b) the member is absent, without leave granted by the council, from every meeting of the council, of which due notice has been given to the member, in any period of 6 months; or (c) the member resigns office by signed notice delivered to the chancellor; or (d) the member becomes an ex-officio member. ˙ Vacancy on the council from expiry of term of appointment 22. In the event of a vacancy in the membership of the council arising from the expiration of an appointed member’s term of appointment, a member shall be appointed or elected as provided in this Act or, in the case of a member appointed pursuant to section 8(2), may be appointed as provided in this Act. ˙ Casual vacancies on the council 23. In the event of a casual vacancy in the office of an appointed member of the council, a member shall be appointed or elected— (a) in such cases and in such circumstances as are specified in the statutes—in the manner prescribed by the statutes; or (b) where no cases or circumstances are so specified—in the same manner as that in which the member whose office is vacant was appointed or elected; and the person so appointed or elected shall hold office for the residue of his or her predecessor’s term of appointment. ˙ Temporary replacement of member 24. If— (a) an appointed member of the council is or may be prevented by absence, illness or other cause whatsoever, from performing duties as a member of the council; and (b) the person who, or the executive or other group or person charged with the management of the affairs of the body which appointed

s 25 16 s 26 Queensland University of Technology Act 1988 or elected such member, is or are of the opinion that the member will be so prevented from performing those duties during the period during which 2 or more ordinary meetings of the council may be held; that person, executive or other group, as the case may be, with the permission of the chancellor first had and obtained, may appoint some other eligible person to act as a member of the council in place of the member during such time as the member is prevented from performing those duties, and the person appointed whilst so acting shall have and may exercise all the powers, functions and authorities of, and may perform all the duties of, a member of the council. ˙ Election of chancellor 25.(1) There shall be a chancellor of the university who shall hold office for such period (not exceeding 5 years) and on such conditions as are prescribed by the statutes. (2) The council at its first meeting after its constitution pursuant to section 8 and thereafter whenever a vacancy occurs, shall elect a chancellor. (3) The chancellor may be elected from amongst the members of the council or otherwise. (4) When the person elected as chancellor is already an appointed member of the council at the time of the election, the office that the person held as such a member shall be declared vacant, and thereupon the appropriate steps shall be taken pursuant to section 23. ˙ Election of deputy chancellor 26.(1) There shall be a deputy chancellor of the university who shall hold office for 1 year from the date of the deputy chancellor’s election pursuant to subsections (2) and (3) or until the election, pursuant to subsection (2), of another deputy chancellor in the event of a vacancy, whichever first occurs, and on such conditions as are prescribed by the statutes. (2) The council at its first meeting after its constitution pursuant to section 8 and thereafter whenever a vacancy occurs, shall elect a deputy chancellor.

s 27 17 s 28 Queensland University of Technology Act 1988 (3) The council shall elect one of its members to be deputy chancellor. (4) In the absence of the chancellor or during a vacancy in the office of chancellor or during the inability of the chancellor to act, the deputy chancellor shall have all the powers and duties of the chancellor. ˙ Chair of the council 27.(1) The chancellor shall be the chairperson of the council and shall preside at all meetings of the council at which the chancellor is present. (2) At any meeting of the council at which the chancellor is not present— (a) the deputy chancellor; or (b) where the deputy chancellor is not present, a member of the council elected by and from the members present; shall preside. ˙ Appointment of vice-chancellor 28.(1) The council shall appoint a person to be vice-chancellor who, on and from the date of assuming such office, shall be an officer of the university. (2) Whenever a vacancy occurs in the office of vice-chancellor, the council shall, subject to subsection (5), appoint a person to be vice-chancellor. (3) The vice-chancellor shall be appointed for such period and on such conditions as the council determines. (5) The council may, during any vacancy in the office of vice-chancellor or during any absence of the vice-chancellor or inability of the vice-chancellor to perform the duties of office as such, appoint a person to be acting vice-chancellor for such period and on such conditions as the council determines provided that the period of any such appointment shall not exceed 12 months. (5A) Any person appointed under subsection (5) shall, during the term of the appointment, possess all the powers and perform all the duties of the vice-chancellor.

s 29 18 s 30 Queensland University of Technology Act 1988 (6) The vice-chancellor shall be the chief executive officer of the university and shall possess such powers and perform such duties as the statutes prescribe or, subject to the statutes, as the council determines. (8) Subject to section 33, the vice-chancellor may, either generally or otherwise as provided by the instrument of delegation, by signed instrument, delegate to any officer of the university who, for the time being holds or performs the duties of any office, or any other person all or any of the powers or functions, except this power of delegation, incidental in the discharge of the responsibilities of the vice-chancellor. (9) A delegation of a power or function may be made subject to conditions and limitations or absolutely and shall not prejudice the making by the vice-chancellor of other delegations of the same power or function. (10) A delegate to whom a power or function has been so delegated may, while the delegation subsists, do and suffer all such acts and things in accordance with the terms of the delegation as the delegate thinks necessary or expedient to the proper discharge of the power or function. (11) An act or thing done or suffered by a delegate acting in accordance with a delegation has the same force and effect as if the act or thing had been done or suffered by the vice-chancellor. (12) A delegation of a power or function incidental in the discharge of a responsibility of the vice-chancellor shall not— (a) affect the exercise or discharge of the power or function by the vice-chancellor; or (b) relieve the vice-chancellor from the vice-chancellor’s obligation to ensure that the responsibility is properly discharged. ˙ Quorum of the council 29. At any meeting of the council, a quorum shall be one-half, or if one-half is not a whole number, the whole number next higher than one-half of the total number of members for the time being of the council. ˙ Re-election or reappointment 30. Subject to this Act, a person may be re-elected to the office of chancellor or deputy chancellor or reappointed to the position of

s 31 19 s 32 Queensland University of Technology Act 1988 vice-chancellor if the person is otherwise capable for the time being of holding that office or position. ˙ Validity of proceedings 31. No proceedings of the council, or of any committee thereof or of any committee or board of the university, and no act done by the chancellor, deputy chancellor, vice-chancellor or any other officer whilst any of those persons is acting pursuant to and in accordance with the statutes in the office to which he or she was elected or appointed shall be invalidated by reason of— (a) any defect in the appointment or election of, or of any disqualification of, any member of the council or of any committee or board of the university; or (b) any defect in the convening or conduct of any meeting of the council or any committee thereof or of any committee or board of the university; or (c) there being any vacancy in the number of members of the council or any committee thereof or of any committee or board of the university; or (d) the fact that a person purporting to be a member of the council or any committee thereof or of any committee or board of the university by virtue of an office held by the person did not hold that office; or (e) the fact that a person purporting to be a member of the council or any committee thereof or of any committee or board of the university was not such a member. ˙ Powers of the council 32. Subject to this Act and the statutes, the council— (a) shall have full power and authority to appoint and dismiss members of the academic or other staff of the university; and (b) subject to paragraph (c) shall have the entire management and control of the affairs, concerns and property of the university and may act in all matters concerning the university in such manner as

s 33 20 s 34 Queensland University of Technology Act 1988 appears to it best calculated to promote the interests and purposes of the university; and (c) shall have the entire management and control of the finances of the university. ˙ Delegation by the council 33.(1) The council may, in relation to any matter or class of matters, or in relation to any activity or function of the university, by resolution, delegate all or any of its powers and authorities, duties and functions under this Act, except this power of delegation and its powers in relation to the making of statutes or rules and its duties in relation to the annual adoption of a budget and the approval of the proposed distribution of funds referred to in section 58, to any member of the council or to any committee or board appointed by the council, or to any officer or officers of the university. (2) Every delegation under this section may be varied or revoked by resolution of the council, and no delegation shall prevent the exercise of any power, authority, duty or function by the council. (3) A power, authority, duty or function delegated by the council may be exercised or performed by the delegate— (a) in accordance with the resolution of delegation; and (b) if the exercise of the power or authority or the performance of the duty or function is dependent upon the opinion, belief or state of mind of the council in relation to a matter, upon the opinion, belief or state of mind of the delegate in relation to that matter. † Division 2—Administrative provisions relating to convocation ˙ Powers, authorities and duties 34. Convocation shall have and may exercise such powers, authorities and duties as may be prescribed by the statutes.

s 35 21 s 38 Queensland University of Technology Act 1988 ˙ Meetings of convocation 35. Save as prescribed by or under the statutes, meetings of convocation shall be convened and the business at such meetings shall be conducted in such manner as the council shall determine. ˙ Warden of convocation 36.(1) At its first meeting held in every year, convocation shall elect one of its members to be warden who shall, subject to this Act, hold office until the first meeting of convocation held in the year next following. (2) The office of warden shall become vacant if— (a) the warden dies; or (b) the warden becomes incapable of exercising the rights and privileges of a member of convocation; or (c) the warden resigns such office by signed notice delivered to the chancellor. (3) If from any cause, other than expiration of the term of office, a vacancy occurs in the office of warden, convocation shall elect another of its members to be warden and, subject to this Act, the member shall hold office as such until the first meeting of the council in the year next following. ˙ Chair of convocation 37.(1) The warden shall preside at all meetings of convocation at which the warden is present. (2) At any meeting of convocation at which the warden is not present, a member of convocation, elected by and from the members present, shall preside. ˙ Officers of convocation 38. The statutes may provide for officers of convocation, and for the election by convocation of officers of convocation.

s 39 22 s 42 Queensland University of Technology Act 1988 ˙ Standing committees and other committees 39. The statutes may provide for standing committees and other committees of convocation. ˙ Quorum of convocation 40. Save as prescribed by or under the statutes, a quorum of any meeting of convocation shall be such number of members as the council shall determine. ˙ Re-election or reappointment 41. Subject to this Act, a person may be reappointed or re-elected to any office pursuant to this division if the person is otherwise capable for the time being of holding that office or position. ˙ Validity of proceedings 42. No proceedings of convocation, or of any committee thereof, and no act done by the warden or any person acting pursuant to and in accordance with the statutes as warden shall be invalidated by reason of— (a) any defect in the appointment or election of, or of any disqualification of, any member of convocation or of any person aforesaid; or (b) any defect in the convening or conduct of any meeting of convocation or any committee thereof; or (c) there being any vacancy in the number of members of any committee of convocation; or (d) the fact that a person purporting to be a member of convocation or any committee thereof by virtue of an office held by the person did not hold that office; or (e) the fact that a person purporting to be a member of convocation or any committee thereof was not such a member.

s 43 23 s 44 Queensland University of Technology Act 1988 † Division 3—Regulations, statutes and rules ˙ Regulations 43.(1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, providing for all matters, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. (2) The statutes and rules made pursuant to this Act shall be read subject to the regulations made under this Act to the extent that where there is an inconsistency between a statute and a regulation, or a rule and a regulation, the regulation shall prevail. ˙ Statutes 44.(1) The council may from time to time make statutes not inconsistent with this Act for the carrying into effect of the several provisions, intentions and objects of the Act, and generally for the control, management, good government and discipline of the university. (2) Without limiting the powers of the council in that behalf, the council may make statutes with respect to all or any of the following matters— (a) the use and custody of the common seal; (b) the election or appointment of members of the council or of committees or boards of the university; (c) the manner and time of convening, holding and adjourning the meetings of the council; (ca) voting at council meetings; (cb) the powers and duties of the person acting as chairperson thereof; (cc) the conduct and record of the business of the council; (cd) the establishment and appointment of committees of the council, and the quorum, powers and duties of such committees; (ce) the reimbursement of expenses of the chancellor, deputy chancellor and other council members attendant upon such

s 44 24 s 44 Queensland University of Technology Act 1988 offices; (d) the functions, powers, authorities and duties of convocation; (da) officers of convocation and their election; (db) the admission of members to convocation; (dc) the manner and time of convening, holding, and adjourning the meetings of convocation; (dd) the quorum of convocation and voting at convocation meetings; (de) the powers and duties of the person acting as chairperson thereof; (df) the conduct and record of the business of convocation; (dg) the establishment and appointment of committees of convocation, and the quorum, powers and duties of such committees; (e) the resignation of members of the council, the chancellor, the deputy chancellor and the warden of convocation; (f) the appointment of a person to act for the deputy chancellor or the warden of convocation during the illness or absence of such officers; (g) the number, appointment, termination of appointment, discipline (including the dismissal, suspension and imposition of disciplinary punishments other than dismissal or suspension) and, subject to applicable awards or industrial agreements, the stipends or salaries or wages of members of the staff and other officers and employees of the university; (h) subject to section 67, the provision of superannuation schemes for staff of the university; (i) the admission and enrolment of students; (j) the discipline of enrolled students; (k) the admission of students of other universities and institutions of higher education to any corresponding status or of graduates of such universities and institutions to any corresponding degrees or diplomas without examination; (l) the determination of courses of study and examinations for degrees, diplomas and other awards;

s 44 25 s 44 Queensland University of Technology Act 1988 (m) the granting of degrees, diplomas, and other awards including honorary awards; (n) the granting of fellowships, scholarships, exhibitions, bursaries and prizes; (o) the fees and charges, including fines, to be paid for admission to the university, examinations, for the granting of degrees, diplomas, and other awards, for tuition or attendance at the lectures and classes of the university, offences involving vehicles, for the use of university facilities including residence and in respect of the guild; (p) the exemption from or deferment of payment of fees and charges, including fines; (q) the collection in respect of any fee, charge or other imposition arising from any higher education contribution scheme as provided for under any Act passed by the Commonwealth in respect thereof; (r) the establishment, management, and control of libraries and other support facilities in connection with the university; (s) the affiliation, association, or connection with the university of any educational or research establishment wheresoever situated, to which the governing body of such establishment may consent; (t) the control and investment of the property of the university, including property held upon trust or subject to a condition; (u) the protection of the property of, or under the control of, the university from trespass or damage or misuse; (v) the regulation and control of access to and the use of land and buildings the property of, or under the control of, the university and of the conduct of persons and the presence and use of vehicles thereon; (w) the powers, authorities, duties and obligations of the guild; (x) the form and use of arms, emblems or armorial bearings of the university or of any college within or associated with the university; (y) the ownership and exploitation of inventions and discoveries, that

s 44 26 s 44 Queensland University of Technology Act 1988 are the property of the university, made by the staff or enrolled students of the university; (z) the management and maintenance of colleges including residential colleges and halls of residence within the university or of affiliated residential colleges; (za) the form and use of academic dress; (zb) the definition of and procedures to be applied in situations of conflict of interests with respect to members of the council and the staff of the university; (zc) the granting of financial and other assistance to students of the university; (zd) the determination of the persons or class of persons who constitute the academic staff of the university. (3) Without limiting the generality of the powers conferred by subsection (1), a statute made pursuant to subsection (2)(v)— (a) may provide, in the case of an offence that consists of— (i) bringing a vehicle onto or parking or standing a vehicle on a site in breach of a statute; (ii) driving a vehicle on any part of a site in breach of a statute; (iii) driving a vehicle on any part of a site at a speed in excess of a speed that, in relation to that part, is prescribed by statute, determined by a method prescribed by statute or fixed by a person authorised by statute so to do in respect of the site or that part; (iv) driving a vehicle on any part of a site contrary to any direction, whether given by a person authorised by statute so to do or by a traffic control device on the site; (v) doing on a site with or in respect of a vehicle such other act as may be prescribed by order in council for the purposes of this section; that the owner of the vehicle (whether or not the owner was in charge of the vehicle at the material time) shall be liable to be punished for the offence as well as the person who was in charge

s 44 27 s 44 Queensland University of Technology Act 1988 of the vehicle at the material time; (b) may define who is the owner of a vehicle for the purposes of the statutes; (c) may provide for the removal or disposal of any vehicle— (i) parked or left standing on a site in such a position as to obstruct, interfere with or cause danger to other vehicles on the site or to users of the site; or (ii) apparently abandoned on a site; (d) may prescribe the proof that is necessary or sufficient to establish any matter relevant to an offence created by statute. (3A) A statute that provides as is referred to in subsection (3)(a) shall not be so construed that the owner of a vehicle and the person in charge of it at the time an offence was committed with or in respect of the vehicle shall both be punished for the one offence. (3B) In subsection (3)— “site” means any land or premises the property of or under the control of the university. (4) The council may by statute repeal, rescind, revoke, alter, vary, amend or otherwise modify any statute or part of a statute. (5) A statute may authorise the council to make rules (not being inconsistent with the Act or the statutes) for the carrying into effect of all or any of the provisions and objects of the statute and may prescribe procedures for the promulgation of such rules. (6) All rules made by the council pursuant to any statute shall be promulgated as specified in the statute. (6A) All rules shall be of full force and effect as from the day on which they are promulgated or from such later date as may be specified in the rules. (6B) The production of a verified copy of any such rule under the common seal of the university is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (7) A statute may impose or authorise the council or any officer of the university to impose a penalty not exceeding 5 penalty units for breach of

s 45 28 s 46 Queensland University of Technology Act 1988 any provision and provide for the recovery and enforcement of any such penalty. (8) Where no other provision is made for the recovery or enforcement of a penalty imposed by or under the authority of a statute, such penalty may be recovered or enforced by complaint in a summary way under the Justices Act 1886 . ˙ Statutes to be approved by Governor in Council 45.(1) Every statute made by the council shall be sealed with the common seal of the university, and shall be transmitted to the Minister to be dealt with in accordance with this section. (2) The Minister shall submit every statute to the Governor in Council. (3) A statute shall have no force and effect unless and until approved by the Governor in Council. † Division 4—Provisions relating to companies, joint ventures etc., agreements for use of facilities and staff ˙ Formation of and participation in companies etc. 46. The university, in the performance of its functions under this Act and without limiting the provisions of section 5(2)(f), may be a member of, or form or participate in the formation of, or manage a company, the objects or purposes of which include 1 or more of the following objects or purposes— (a) providing facilities or services for study, research or education; (b) undertaking research, development, consultancy or other services for commercial organisations, public bodies or individuals; (c) aiding or engaging in the development or promotion of university research or the application or use of the results of such research; (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;

s 47 29 s 49 Queensland University of Technology Act 1988 (e) exploiting commercially any facility or resource of the university including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the university; (f) seeking or encouraging gifts to the university or for university purposes; (g) any other object or purpose not inconsistent with this Act which the council considers to be appropriate in the circumstances. ˙ Use of facilities and staff 47. The university, in such circumstances and subject to such terms and conditions as the council thinks fit, may contract or otherwise enter into an arrangement with any person or body for the use by the person or it of the university’s facilities and staff. ˙ Companies to furnish returns etc. 48. Any company— (a) formed by the university pursuant to section 46; or (b) managed by the university; or (c) of which the university becomes a member; shall furnish the council with such reports, returns and information relative to the company’s affairs as are from time to time required by the council. ˙ Audit requirements 49. The Financial Administration and Audit Act 1977 , section 46I applies, to the extent provided by that section, to any company associated with the university pursuant to section 48.

s 50 30 s 53 Queensland University of Technology Act 1988 † Division 5—General administrative provisions ˙ Annual report 50. The council shall, as soon as practicable but no later than 4 months from 31 December each year, prepare and transmit to the Minister a report of the university during that year, in accordance with the provisions of the Financial Administration and Audit Act 1977 . ˙ Tabling of certain subordinate legislation 51.(1) The Acts Interpretation Act 1954 , section 28A applies in respect of orders in council and statutes made for the purposes of this Act, and, for the purposes of that application, that section shall be read and construed as if references to regulations were references to orders in council and statutes made for the purposes of this Act. (2) Every proclamation made under this Act shall be laid before the Legislative Assembly within 14 sitting days after publication in the gazette. ˙ No test of religion, politics, race or sex 52. No test of religion, politics, race or sex shall be administered to any person in order to entitle the person to be admitted as a student of the university, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage, or privilege thereof, and no person shall be denied admission as a student of the university or be ineligible to hold office therein or to graduate thereat or to enjoy any benefit, advantage, or privilege thereof by reason of that person’s sex, race, political or religious views or beliefs. † PART 4—ESTABLISHMENT OF COLLEGES ˙ Establishment of university colleges 53.(1) The Governor in Council, on the recommendation of the council,

s 54 31 s 54 Queensland University of Technology Act 1988 may from time to time by order in council establish colleges or other university institutions (a “college” ) for the purpose of carrying out at those colleges or institutions any or all of the functions specified in section 6. (2) The Governor in Council may in the order in council establishing a college or by another order in council— (a) assign to the college a name or title; (b) declare at what place the college shall be situated; (c) specify the provisions applicable to and in relation to the college which provisions shall be binding upon all persons in relation to that college and which may include— (i) the powers, authorities, duties and functions which the council may exercise and perform in respect of the college; and (ii) the general arrangements for the local management, supervision and control of the college including if necessary the constitution of an advisory council in respect thereof and the membership of such council; and (iii) the financial arrangements for or in respect of the establishment or maintenance of, or both the establishment and maintenance of, the college; and (iv) generally such other matters or things as may be necessary or desirable in order to carry out in respect of the college the purposes of this part. (3) The power to make an order in council under this section shall include power to make (with respect to all or any of the matters specified in this subsection) such and so many orders in council, either at the same time or from time to time, as the Governor in Council shall deem necessary or expedient in the circumstances. ˙ A college to be part of the university 54.(1) A college shall be, and shall function as, part of the university. (2) Subject as otherwise may be provided by order in council made under section 53 or by statute, the council may exercise in relation to a

s 55 32 s 56 Queensland University of Technology Act 1988 college all the powers conferred on the council or university by this Act or the statutes in relation to the university and shall have the entire management of and superintendence over the affairs and concerns of the college and of any property held by the university upon trust for the purpose of the college, and in all cases unprovided for by this Act the council may in relation to the college and to any such property act in such manner as appears to it best calculated to promote the interests or purposes of the college. (3) Subsection (2) shall be construed as being in aid of and not in derogation of subsection (1). ˙ Powers and functions of advisory council 55. An advisory council constituted for a college may, subject to this Act— (a) exercise and perform such powers, authorities, duties and functions as may be prescribed by statute; and (b) exercise and perform such of the powers, authorities, duties and functions conferred or imposed on the council by section 53 as are delegated from time to time to the advisory council by the council. ˙ Gifts, devises etc. of property to or for a college 56.(1) The university shall have power to acquire by gift, devise or bequest, any property upon trust to apply the same or the proceeds thereof or the income therefrom for the benefit of a college. (2) Any gift, devise or bequest of any property made or purporting to be made to a college shall be deemed to be a gift, devise or bequest, as the case may be, to the university upon trust to apply the same for the purposes of the college in accordance with the terms of the gift, devise or bequest; and where there has been a gift, devise or bequest to trustees upon trust for a college, any act which might have been performed by the college if it had been an independent corporate body may be performed by the university, and any such act by the university shall have the same validity and effect in law as it would have had if the college had been an independent corporate body and had performed the act.

s 57 33 s 59 Queensland University of Technology Act 1988 (3) If before the establishment of a college under this part, any property had been vested in or acquired by any person upon trust for the purposes for which the college is established such person may after the college is established and notwithstanding anything contained in the terms of the trust convey or transfer the property to the university upon trust to apply the same or the proceeds thereof or the income therefrom for the benefit of the college, and the acceptance of the property by the university shall be a complete discharge to such person. † PART 5—PROPERTY AND FINANCE ˙ Endowment 57. There shall be paid to the council each year such sums as are appropriated by Parliament for the purpose. ˙ Budget 58.(1) The council shall, in each year, adopt for the next following year commencing on 1 January a budget for all funds of the university other than those to which subsection (2) relates and shall approve all amendments to the budget and shall control the expenditure of the university so that it conforms as nearly as practicable to the approved budget. (2) The council shall review annually funds available to the university by way of bequest, donation or special grant and the expenditure thereof, and shall, subject to the terms of any trust and before any such expenditure is made, approve the proposed disposition of those funds. (3) The financial year of the university shall be the period of 12 months ending on 31 December. ˙ Application of revenue by university 59.(1) All fees and all other moneys received by the council under this Act or otherwise shall, subject to this part and to the terms of any applicable trust, be applied by the council solely for the purposes of the university.

s 60 34 s 62 Queensland University of Technology Act 1988 (2) For the purposes of subsection (1), the application of moneys from time to time by the council for the purpose of— (a) enabling a member or former member of the university to pursue study or research at the university or elsewhere than at the university; or (b) the advancement of learning generally; or (c) assisting any institution declared by statute to be affiliated or associated with the university; is an application of those moneys for the purposes of the university. ˙ University is statutory body 60.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . ˙ University may accept gifts etc. subject to conditions, and establish trust funds 61. In exercising its power to take, acquire by grant, purchase or take on lease any property the university may agree to and carry out any conditions of any gift, grant, bequest, devise or other means whereby it takes or acquires any property or of any such purchase or lease and the council may create and administer any trust fund or funds in connection therewith or for any other purpose whatsoever. ˙ Powers of investment 62.(1) The council may establish 1 or more investment common funds for the collective investment of any trust and other moneys held by or in the custody of the university. (2) The council may from time to time without liability for breach of trust bring into or withdraw from any such investment common fund the whole or any part of any moneys of the university or of any trust moneys

s 63 35 s 63 Queensland University of Technology Act 1988 or any other moneys held by or in the custody of the university. (3) Subject to subsections (4) and (5) the council shall periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation of each fund in the common fund during the relevant accounting period. (4) In any case where the council has brought into any investment common fund, moneys which, having been received by it to be expended for a stated purpose, cannot or will not be expended for that purpose forthwith, there may be paid into the general funds of the university the whole or any part of that part of the income of such investment common fund which is attributable to the participation of those moneys in that fund and which is not required for that stated purpose. (5) The council may if it considers it expedient so to do from time to time add some portion of the income to the capital of the common fund or use some portion of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income. (6) Any moneys of the university (whether forming part of a common fund or not), including moneys held upon trust or subject to a condition, may be invested by the council from time to time in any form of investment authorised by statute whether an authorised trustee investment or not. (7) The powers conferred on the council by this section or by any statute relating to investment of property shall not be exercised by the council in relation to any trust fund or other moneys— (a) if the instrument creating the trust expressly directs to the contrary; or (b) if the exercise of the power would constitute a breach of any condition under which the fund or moneys in question were acquired. ˙ Variation of terms of trusts and gifts 63.(1) Where any property is held by or for the university either at the date of the commencement of section 5 or at any time thereafter on terms requiring such property or the income therefrom to be applied for a purpose or purposes and—

s 63 36 s 63 Queensland University of Technology Act 1988 (a) such purpose or all or any of such purposes has or have been effected; or (b) such purpose or all or any of such purposes has or have ceased to exist; or (c) such purpose or all or any of such purposes has or have been adequately provided for by other means; or (d) such purpose or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or (e) it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or (f) the property or income derived therefrom proves inadequate to carry out such purpose or all or any of such purposes; then subject to the provisions of this section the council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme. (2) A scheme prepared pursuant to subsection (1) shall be submitted by the council to the Governor in Council. (3) A scheme prepared pursuant to subsection (1) shall have no effect unless and until approved by the Governor in Council. (4) A scheme approved by the Governor in Council under subsection (3) is, in this section and sections 64 and 65, in relation to the property or part or residue thereof concerned, called the “approved scheme” and shall be published in the gazette. (5) Where, in relation to any property or part or residue thereof held by the university, there is in existence for the time being, an approved scheme, such property part or residue thereof shall in accordance with the approved scheme be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.

s 64 37 s 65 Queensland University of Technology Act 1988 ˙ Amendment of approved scheme 64.(1) If the council desires from time to time to amend an approved scheme it shall submit its amendment or amendments to the Governor in Council. (2) An amendment to an approved scheme proposed pursuant to subsection (1) shall have no effect unless and until approved by the Governor in Council. (3) An amendment or amendments to an approved scheme approved by the Governor in Council under subsection (2) shall be published in the gazette and thereupon the approved scheme in relation to which such amendment has or amendments have been approved shall be amended in accordance with the approval and as so amended shall be the approved scheme for the time being in relation to the property, part or residue the subject of such scheme. ˙ Provisions relating to approved schemes 65.(1) Where property the subject of an approved scheme consists (wholly or in part) of land, the university shall within 1 calendar month after the publication in the gazette of the approved scheme and within 1 calendar month after the publication in the gazette of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the said land of the approved scheme or, as the case may be, amendment, and that authority shall cause to be made in the appropriate register all such entries as are necessary to record particulars of the approved scheme or amendment. (2) In selecting a purpose for an approved scheme or for any amendment of an approved scheme, the council shall have a preference for a purpose, which in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the university as is consistent with useful and convenient achievement but an approved scheme or an approved amendment to such a scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the council in accordance with this subsection. (3) Upon its publication in the gazette judicial notice shall be taken of an approved scheme and of any amendment thereof.

s 66 38 s 70 Queensland University of Technology Act 1988 (4) The powers conferred by this section and sections 63 and 64 are in addition to any other powers or rights exercisable in law in respect of property held by the university upon trust. ˙ Accounts and audit 66. The provisions of the Financial Administration and Audit Act 1977 apply, to the extent provided by that Act, to the council in respect of the financial proceedings of the university. ˙ Superannuation schemes 67.(1) The council may— (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. (2) The auditor-general may audit the schemes. (3) Subsection (2) is subject to the Financial Administration and Audit Act 1977 , part 6. 1 † PART 6—TRANSITIONAL AND SPECIAL ARRANGEMENTS † Division 2—Provisions relating to the council of the institute ˙ Council of the institute 70.(1) Where, after the commencement of section 69, property would have passed by any testamentary disposition or otherwise to or for the benefit of the council of the institute, if it were still in existence, that 1 Part 6 (Audit of public accounts and public sector entities)

s 70 39 s 70 Queensland University of Technology Act 1988 property shall pass to or for the benefit of the university, and shall vest in the Queensland University of Technology, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 69 was held by or vested in the council of the institute shall, on that commencement, be divested from that council and shall vest in the university. (3) If any property vested in the university by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the university subject to the conditions or trusts on which it was held immediately before that vesting. (3A) Any reference in any such conditions or trusts to the council of the institute shall, on and from the commencement of section 69, be read and construed as a reference to the university. (4) All rights accruing or accrued to the council of the institute in respect of any property vested in the university pursuant to subsection (2) are hereby vested in and may be enforced by the university. (5) All liabilities of the council of the institute in respect of any property vested in the university pursuant to subsection (2) may be enforced against the university. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 69 by or against the council of the institute may be carried on and prosecuted by or against the university and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the council of the institute existing at the commencement of section 69 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the university and may be enforced by or against the university accordingly. (8) All other matters commenced by the council of the institute pursuant to the performance of its functions and which remain incomplete at the commencement of section 69 shall be continued by the university, provided such matters are not inconsistent with the functions of the university under this Act.

s 71 40 s 72 Queensland University of Technology Act 1988 ˙ Employment of staff of the council of the institute 71.(1) In this section and section 72— “officer of the institute” means a person who immediately prior to the commencement of section 69 held any salaried office or employment with the council of the institute or had been appointed to the staff of the institute but had not taken up duty. (2) Every officer of the institute shall, on the commencement of this section, become an officer of the university on such terms and conditions, subject to any applicable award or industrial agreement, as the council may determine, but no less favourable than the terms and conditions upon which the officer was employed at the institute immediately before that commencement. (3) A person who becomes an officer of the university pursuant to subsection (2) shall— (a) retain any rights accrued or accruing as an officer of the institute; and (b) be entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to the person as an officer of the institute; and the person’s service as an officer of the institute shall be deemed to be service as an officer of the university for the purposes of any law under which those rights accrued or were accruing or by which that entitlement is conferred. (4) A person who becomes an officer of the university pursuant to this section is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service. ˙ Superannuation entitlements 72.(1) A person who, pursuant to section 71, becomes an officer of the university shall— (a) retain all entitlements accrued or accruing to the person as a contributor to a fund under the Public Service Superannuation Act 1958 , the State Service Superannuation Act 1972 or the Superannuation (Government and Other Employees) Act 1988 ;

s 74 41 s 74 Queensland University of Technology Act 1988 and (b) be deemed to be an officer or member, as the case may be, within the meaning of each of those Acts and shall— (i) subject to subsection (2), continue to contribute to that fund; and (ii) be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his. (2) Without derogating from the provisions of subsection (1), an officer of the university within a class or classes to be prescribed by statute may contribute to such other superannuation scheme established pursuant to section 67 in lieu of continuing to contribute to the scheme or schemes referred to in subsection (1). (3) However, a person’s eligibility to continue to be a member under the Superannuation (Government and Other Employees) Act 1988 shall not be affected by any arrangements made pursuant to subsection (2). † Division 3—Provisions relating to the union and the guild ˙ Provisions relating to the union 74.(1) Where, after the commencement of section 73, property would have passed by any testamentary disposition or otherwise to or for the benefit of the union, if it were still in existence, that property shall pass to or for the benefit of the guild, and shall vest in the guild, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 73 was held by or vested in the union shall, on that commencement, be divested from the union and shall vest in the guild. (3) If any property vested in the guild by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the guild subject to the conditions or trusts on which it was held immediately before that vesting. (3A) Any reference in any such conditions or trusts to the union shall, on and from the commencement of section 73, be read and construed as a reference to the guild.

s 75 42 s 75 Queensland University of Technology Act 1988 (4) All rights accruing or accrued to the union in respect of any property vested in the guild pursuant to subsection (2) are hereby vested in and may be enforced by the guild. (5) All liabilities of the union in respect of any property vested in the guild pursuant to subsection (2) may be enforced against the guild. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 73 by or against the union may be carried on and prosecuted by or against the guild and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the union existing at the commencement of section 73 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the guild and may be enforced by or against the guild accordingly. (8) All other matters commenced by the union pursuant to the performance of its functions and which remain incomplete at the commencement of section 73 shall be continued by the guild, provided such matters are not inconsistent with the functions of the guild under this Act. (9) Notwithstanding subsection (7) and the Education Act 1964 , section 62AB(2) all contracts, agreements and undertakings entered into with and all securities given prior to 12 December 1987 to or by an unincorporated association using the name Queensland Institute of Technology Union shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the body corporate of that same name appointed by proclamation from 12 December 1987 and as such may be enforced by or against the guild. ˙ Officers of the union 75.(1) Any person who immediately prior to the commencement of section 73 holds any office with the union as provided for in the union’s constitution shall, by virtue of this section, hold the corresponding office with the guild, on such terms and conditions as that office was held with the union. (2) Any person who immediately prior to the commencement of

s 81 43 s 82 Queensland University of Technology Act 1988 section 73 held any salaried office or employment with the union other than as provided for in subsection (1) or who had been appointed to the staff of the union but had not taken up duty, shall continue in employment with the guild, or be entitled to take up employment with the guild, as the case may be, on the same terms and conditions of employment upon which the person was employed or had been appointed with or by the union. (3) A person who pursuant to subsections (1) and (2) becomes an officer or employee of the guild retains any rights accrued or accruing to the person as an officer or employee of the union. † Division 5—Provisions relating to students and awards ˙ Enrolment of students in courses 81.(1) Each person who was, immediately prior to the commencement of section 5, a student of the institute enrolled in an advanced education course shall, on that commencement, become a student of the university and be enrolled in a course of study that is substantially the same, in academic content, as the advanced education course in which the student was enrolled at the institute. (2) The university shall provide such courses of study as are necessary for the purposes of subsection (1). ˙ Awards 82.(1) If a student is enrolled in a course of study pursuant to section 81(1), the university shall, as far as it may practicably do so, give the student credit in that course for any subject or work completed by the student in the advanced education course in which the student was previously enrolled. (2) A student who satisfactorily completes an advanced education course in 1988 and who has not been granted an academic award of the institute by the date of commencement of section 5 shall be granted an academic award under the common seal of the university.

s 85 44 s 86 Queensland University of Technology Act 1988 † Division 6—General provisions ˙ Savings 85.(1) Unless otherwise expressly prescribed, every approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority made, granted, issued, done, or otherwise originated by the council of the institute under the Education Act 1964 , part 7A, division 3, part 8 and part 8A divisions 1, 2, 3, 5 and 6 or under any regulation, by-law or rule made in respect of the institute, council of the institute or union under the Education Act 1964 in relation to the subject matter or operation of the preceding divisions and parts shall, subject as hereinafter provided, continue in force for the purposes of this Act as fully and effectually as if it had been granted, issued, done or otherwise originated under a corresponding provision of this Act including a corresponding regulation, statute or rule (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined under this Act. (1A) However, every such approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority shall be read and construed subject to this Act. (2) Nothing in this section limits the operation and effect of the Acts Interpretation Act 1954 . ˙ By-laws to be statutes 86. Without derogating from the provisions of section 85 and subject to any necessary adaptation and to the extent that the same may reasonably apply— (a) all by-laws made by the council of the institute under the Education Act 1964 and in force immediately prior to the commencement of section 77; (b) all rules made by the council of the institute pursuant to those by-laws;

s 87 45 s 88 Queensland University of Technology Act 1988 shall be deemed to be the statutes and rules of the university made by the council until such time as statutes and rules are made pursuant to this Act. ˙ Construction of references 87. A reference in any other Act, by-law, regulation or other statutory instrument to the council of the institute shall be read as a reference to the council, and a reference to the institute shall be read as a reference to the university. ˙ Brisbane College of Advanced Education references 87A. In an Act or document, a reference to the Brisbane College of Advanced Education may, if the context permits, be taken to be a reference to the university, and a reference to the council of the college may, if the context permits, be taken to be a reference to the council of the university. ˙ Governor in Council may prescribe 88. The Governor in Council may by order in council prescribe with respect to all matters that are necessary or desirable for effectually achieving the objects and purposes of this part.

46 Queensland University of Technology Act 1988 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 25 November 1997. Future amendments of the Queensland University of Technology Act 1988 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

47 Queensland University of Technology Act 1988 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 58 of 1995 19 December 1995 1A to Act No. 65 of 1996 6 May 1997 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1

48 Queensland University of Technology Act 1988 ´ 6 List of legislation Queensland University of Technology Act 1988 No. 97 date of assent 8 December 1988 ss 1–3 and 6, pts 3–5, ss 77–80 and 88 commenced on date of assent ss 4 and 86 commenced 19 December 1988 (proc pubd gaz 17 December 1988 p 2122) remaining provisions commenced 1 January 1989 (see s 2(3)) as amended by— Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990 No. 2 pt 3 date of assent 4 April 1990 commenced 1 May 1990 (proc pubd gaz 28 April 1990 p 2636) Statute Law (Miscellaneous Provisions) Act 1992 No. 36 ss 1–2 sch 2 date of assent 2 July 1992 commenced on date of assent Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 pt 1, s 9 sch 2 date of assent 16 June 1995 commenced on date of assent Statute Law Revision (No. 2) Act 1995 No. 58 ss 1–2, 4 sch 2 date of assent 28 November commenced on date of assent Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Education (School Curriculum P–10) Act 1996 No. 65 ss 1–2, 52 sch 2 date of assent 9 December 1996 commenced on date of assent ´ 7 List of annotations Commencement s 2 om R1 (see RA s 37) Arrangement of Act s 3 om 1992 No. 36 s 2 sch 2 Interpretation s 4 def “Minister” om 1992 No. 36 s 2 sch 2 Constitution of the council other than first council s 8 amd 1990 No. 2 pt 3

49 Queensland University of Technology Act 1988 Assumption of office by members of the council s 9 amd 1992 No. 36 s 2 sch 2 Disqualification from office s 20 amd 1996 No. 65 s 52 sch 2 Election of chancellor s 25 amd R1 (see RA s 38) Election of deputy chancellor s 26 amd R1 (see RA s 38) Appointment of vice-chancellor s 28 amd R1 (see RA s 38); 1996 No. 65 s 52 sch 2 University is statutory body s 60 sub 1996 No. 54 s 9 sch Superannuation schemes s 67 sub 1995 No. 36 s 9 sch 2 Division 1—Provisions Relating to the Institute div hdg om R1 (see RA s 38) Institute to cease to exist s 68 om R1 (see RA s 38) Council of the Institute to cease to exist s 69 om R1 (see RA s 38) Union to cease to exist s 73 om R1 (see RA s 38) Constitutional arrangements s 76 om R1 (see RA s 38) Division 4—Provisions for First Council div hdg om R1 (see RA s 38) Constitution of the first Council of the University s 77 om R1 (see RA s 38) Appointment of first Vice-Chancellor s 78 om R1 (see RA s 38) Election of Chancellor and Deputy Chancellor s 79 om R1 (see RA s 38) Casual vacancies on first Council s 80 om R1 (see RA s 38) Compliance with accounts and audit requirements s 83 om R1 (see RA s 38) Compliance with annual reporting requirements s 84 om R1 (see RA s 38)

50 Queensland University of Technology Act 1988 Brisbane College of Advanced Education references s 87A ins 1995 No. 58 s 4 sch 2 © State of Queensland 1997